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Titus Gicharu Mwangi v. Mary Nyambura Murima & Samuel Mburu Kibiro

(2014) JELR 96321 (CA)

Court of Appeal  •  Civil Application Nai 162 of 2013 (UR 111/2013)  •  4 Apr 2014  •  Kenya

Paul Kihara Kariuki, Patrick Omwenga Kiage, Kathurima M'inoti



By a Motion on notice dated 9th July 2013, and expressed to be taken out under section 3A and 3B of the Appellate Jurisdiction Act and rule 5 (2) (b) of the rules of this Court, the applicant, TITUS GICHARU MWANGI, prayed for an injunction to restrain the respondents, MARY NYAMBURA MURIMA and SAMUEL MBURU KIBIRO, their agents, servants or employees from interfering or otherwise dealing with PLOT NO C. 142 EMBAKASI/NJIRU UNITED ROAD ESTATE, BLOCK III KOMAROCK, NAIROBI, (the suit property) until the hearing and determination of an intended appeal. The intended interlocutory appeal arose from a ruling and order of the High Court (Mutungi, J) dated 11th June, 2013 by which the learned judge dismissed with costs the applicant’s application for a temporary injunction to restrain the 1st respondent from interfering with the suit property pending the hearing and determination of Environmental and Land Court Case No. 967 of 2012.

The application before us was supported by an …

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